Delaware Vote Tracker

HB 428 – Expanding the Ban on Child Porn

House Bill 428 would expand the definition of child porn in the law to include photos of partially nude minors engaging in a sex act. For reasons passing any human understanding, the current status of the law requires the minor to be fully nude while engaging in a sex act in order for a person who produces or transmits that image to be prosecuted.

This bill seeks to remedy this problem by adding “partial nudity” to the definition of “prohibited sexual act”. By doing so, this bill criminalizes the photographing or filming of a partially nude minor as well as the production, publication, transmission, selling, distribution, and dissemination of photographs or images of partially nude minors if the minor in such image or photograph is scantily clothed, posed provocatively, or otherwise posed with the obvious intent to arouse, and such image of photograph is intended for the purpose of sexual stimulation or gratification of any individual who may view such image or photograph.

Under this bill, such crime would be a class D felony punishable by up to an 8-year jail sentence.

House Bill 428 SponsorsYes VotesNo Votes
Longhurst, Heffernan, K.Johnson, Mitchell, Osienski, K.Williams, Briggs King
Poore, Ennis, Hansen, Hocker, Wilson
Current Status: House Public Safety & Homeland Security 5/17/22

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